Yes and no. If one spouse dies intestate then the property is legally divided 1/2 to children 1/2 to surviving spouse. However the surviving spouse retains usufruct of the community property assets until the survivg spouse dies or remarries. The children are the naked owners of1/2 the estate but the surviving spouse retains usufruct of it. Of course this is changed and can be divided however the decedant wabts with a will
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